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Updated 13 Feb, 2022 11:16am

Saaf Pani case detailed verdict: ‘No allegation against any public office-holder holds water’

LAHORE: A detailed verdict in the acquittal applications of 16 suspects in the Punjab Saaf Pani Company (PSPC) reference says no allegation of corruption, material violation or discrepancy has been found true against any public office holder or others in the company’s project of installation of water filtration plants.

Accountability Court No-V Judge Muhammad Sajid Ali had on Jan 31 acquitted former PSPC chairman Raja Qamarul Islam, also a former MPA of PML-N, former chief executive officer Waseem Ajmal and 14 other accused in the reference filed by the National Accountability Bureau (NAB). The NAB alleged a corruption of Rs345.828 million approximately in the project launched by the PML-N and loss to the national exchequer.

In this reference, a daughter and son-in-law of PML-N president Shehbaz Sharif have been declared proclaimed offenders and their assets have been attached by the trial court.

In a 24-page detailed verdict, the judge observes, “There being nothing on the record to show or indicate that in the process of approval or execution of the subject scheme, any holder of public office or any other person has received or conferred ally monetary or other material benefit, therefore, no offence whatsoever under the NAO 1999 is made out.”

Rejecting the allegations of violation of rules, the judge maintains, “Having discussed the allegations with reference to the installation of the project, on point to point basis I have no doubt in my mind that no material violation or discrepancy could be highlighted in the reference.”

He notes that from the stage of survey/assessment till the completion of the project and installation of the water treatment plants, the relevant rules and regulations were generally observed with due care and caution and whatever changes were made at various stages of the project, same were thoroughly discussed by the respective committees and were recommended and approved with the only purpose to make the project more efficient to cater the need of maximum people without increasing the overall cost of the project.

About the allegation of corruption

In obtaining office on rent for the company in a building owned by Imran Ali Yousaf, son-in-law of PML-N president Shehbaz Sharif, the judge observes that no violation of any law or rules or any significant violation of Financial Manual is made out from the record.

He says the amount determined as alleged loss to the government exchequer was paid as advance rent and security etc. and even the rented premises was occupied by the staff of the PSPC. The judge notes that the rent agreement was ultimately terminated by the management of the PSPC on the sole ground that the rented premises was owned by some political figure and the company did not want to attribute any political affiliation.

In this way, the judge observes, neither was there any misuse of authority by accused Ajmal, the former CEO, nor any undue benefit appears to have been gained or conferred by him or to his co-accused and at the most it was a case of breach of terms and conditions of contract which does not come within the ambit of the NAO 1999.

The judge further observes that the alleged loss to the exchequer has been determined on the basis of the reports procured much after the completion of the project. Even otherwise it is neither possible nor safe to rely upon these reports because of the fluctuating market prices and above all the reports cannot be considered as a conclusive proof of any monetary benefit allegedly availed by or conferred upon any of the accused, which is clearly missing in this case, he adds.

The judge allowed the acquittal applications of the accused considering that there being no remotest probability of the conviction in any offence under NAO 1999 and any further proceedings in the reference will be an exercise in futility.

Other accused include Khalid Nadeem Bokhari, Zahoor Ahmad Dogar, Nasir Qadir Bhadal, Zaheeruddin Khan, Saleem Akhtar, Masroor Ahmad, Masud Akhtar, retired Maj Khalid Khan, retired Maj Adnan Aftab Khan, Syed Masoodul Hassan Kazmi, Muhammad Moinuddin, Muhammad Younas, retired Lt Col Tahir Maqbool and Muhammad Waris.

To the extent of Shehbaz’s son-in-law Yousaf and daughter Rabia, the judge consigned the case file to record till the arrest or surrender of the proclaimed offenders.

Both Islam and Ajmal were arrested by the NAB in June 2018 and were later released on bail granted by the Lahore High Court on Jan 30, 2019. Islam was awarded ticket by the PML-N for 2018 election, a day before his arrest, against former interior minister Ch Nisar Ali Khan, the disgruntled leader of the party, from NA-59, Rawalpindi.

Published in Dawn, February 13th, 2022

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